Several “clean slate” expungement bills, including Senate Bill 1494 (Schroer R-2) and House Bill 2747 (Davidson R-130) are moving through the Missouri General Assembly this year.
There are several reasons why the bills are receiving support. Supporters, including the Missouri Chamber of Commerce, argue that clearing records helps qualified workers fill open positions and contributes to workforce development and economic growth. Supporters also cite employment and the ability to secure stable housing as key factors in preventing formerly incarcerated individuals from re-offending, in turn leading to a reduction in recidivism rates. Research suggests that individuals see, on average, a twenty-two percent increase in income within the first year after a record is expunged.
Currently, only about one percent of eligible Missourians successfully expunge their records because, supporters of clean slate legislation say, the existing petition-based process is expensive and complex. Approximately 500,000 Missourians are eligible for expungements today.
Among the legislation’s key provisions is the establishment of a comprehensive, automated expungement system managed by the Office of State Courts Administrator (OSCA). Eligible records would be identified monthly by OSCA and transmitted to a central repository; records would then be closed without the individual needing to file a petition. A committee substitute of HB 2747 would, at OSCA’s request, place this administrative burden on the Missouri State Highway Patrol.
Under the legislation, infractions and misdemeanors are eligible for automatic sealing after a one-year waiting period with no new offenses. Nonviolent felonies are eligible after a three-year waiting period. For seniors, automatic sealing applies to individuals over 65 who have not committed any new crimes in the past 10 years. Most versions of the legislation limit individuals to expungement of two felonies and four misdemeanors in their lifetime.
Exclusions do exist, including the inability to expunge violent crimes, sexual offenses, arson, and first-degree burglary.
The filed bills contain certain protections. They provide employers and landlords, for example, with immunity from liability for hiring or renting to persons with expunged records. The bills also restrict credit bureaus from reporting expunged records or records older than seven years. Supporters of the legislation believe that in order for the clean slate laws to effectively work for those seeking post-expungement employment or housing, credit reporting agencies must be provided with data that reflects the expunged offense and remove the same from their system.
The legislation also creates the Missouri Expungement Fund to cover the technology and staffing costs required to implement the automated system. One major concern of the courts and law enforcement is the extra man hours and expense associated with the technology and administration of the clean slate laws.
There have been more than half a dozen expungement bills filed this year. Legislation relating to expungement issues, in one form or fashion, has been filed in the Missouri General Assembly each of the last several years, with varying success of passage.